your realtimionee ptis mrs. linda m. macdonald file a ment. it appears the dispute over the new bart contract will be settled in the courtroom after unions file a lawsuit against management. good afternoon, i'm michelle griego. frank is off this afternoon. just one hour ago, several of the largest unions representing bart workers filed a lawsuit in alameda county court claiming the board of
directors illegally broke an agreement on a new contract. mark kelly is live at the courthouse with the very latest developments. mark? >> reporter: well, michelle, this lawsuit makes three major claims. one, bart can't take back the total package agreement without good cause. and the unions say calling one part of that agreement a mistake is not good cause. claim 2 bart must execute the final agreement and claim 3, bart can't snip out one part of the agreement and essentially say no negotiating just take it or leave it. so here's a little background on this whole thing. the uproar has been over paid family leave. november 21, the bart board instructed management that paid family leave is costly. so they said first, get the family leave provision out of the contract. then and only then could they sign the contract saying it being in the final deal was a mistake. no surprise that is not sitting well with the unions. sei and atu say this only
prolongs labor negotiations. plus management and unions already agreed to the deal. >> we took it as a complete package. they voted it as a complete package. they approved it as a complete package. bart board of directors should have done the same. we filed the lawsuit to have the court tell them, you must take the complete package. >> reporter: here's bart's response, this additional six weeks of paid leave comes on top of the three to six weeks of vacation, 13 paid holidays and 12 sick days that employees already receive annually. it goes on district negotiators would never have knowingly agreed to such a financially back-breaking proposal. michelle? >> well, mark, the big question for riders, of course, is will there be another strike? >> reporter: that was the big question we were all waiting to hear. the unions would not commit to anything. they did say at this point, they don't have any strike scheduled or planned. but they are keeping the option
open. >> we'll just have to see what happens. mark kelly live in oakland, thank you. a freeze watch is going into effect across the bay area tonight. let's check in with lawrence for more on the col snap. >> the cold showers are pushing through and the cold air is plunging right down from the gulf of alaska. so overnight tonight freeze warnings in effect tonight through thursday morning. some of these temperatures, folks, down into the 20s and the 30s. protect the plants, pipes, people and, yup, don't forget the pets! it looks like we're in for cold air. here's some of the numbers. we'll pinpoint some of these around the bay area. maybe down to about 26 in napa. 27 degrees in santa rosa. even 32 in san rafael. and even inside the bay, some of those temperatures in the 30s and the 40s. how long will the cold weather last? we'll talk about that coming up. >> with temperatures dipping below freezing this week, the
homeless are looking for shelter wherever they can find it. and some in santa clara county ride a bus that runs 24 hours a day. kpix 5's kiet do went on board the bus that many call "hotel 22." >> reporter: it's the first cold wet night of the season in san jose, and the shelters are full. but there is one place with vacancies. welcome to route 22, the vta bus line that goes 25 miles from eastridge mall to palo alto and back. it runs 24 hours a day and around midnight, it takes on a different name: "hotel 22" > because it's safer to be on that bus than it is to be anywhere else. and so it's become by default a shelter. it's just a moving shelter. >> reporter: for james breslin, a 55-year-old former tech worker who has fallen on hard times, this warm dry place for the night cost him $2.50. if he weren't here, he says he would stay warm by sleeping next to a pg&e transformer box. >> safer than being out on the
streets, warmer than being on the streets. but i don't want to ride the bus all night, but it's the best thing going that i know of besides going to a hospital. >> reporter: the vta doesn't have good estimates on how many or how long the homeless have been riding route 22 only that it's been going on for years. the agency says they don't restrict anyone as long as they pay the fare. >> it's really a tragic event when you think about the amount of innovation and creativity and power and money we have in this community. we still have people riding a bus at night to stay safe for shelter. >> reporter: 5,000 people are homeless on the streets of san jose on any given night. as the temperature dips below freezing this week, expect those seats to fill up. passing through some of the wealthiest of neighborhoods in the country, james says, don't judge. >> don't feel sorry. help. then you won't have to feel sorry. >> reporter: we reached out to vta for comment on this story. they declined an on-camera interview saying they did not
want to encourage more people to ride route 22. kiet do, kpix 5. we're following a developing story in arizona right now where several san francisco giants minor league players were hospitalized after a car crash. the accident happened when a team van collided with a car while the van was pulling out of a hotel driveway this morning. right now the team has not identified the four injured players. all of them are expected to recover. right now, the search continues in idaho for a plane carrying several members of a san jose family. the plane went off the radar more than 36 hours ago. kpix 5's allen martin on neighbors who say the father was an experienced pilot. >> reporter: the search continues this afternoon for pilot dale smith. neighbors know smith as an experienced pilot, devout mormon and father of five. >> i hope that everything is okay. i really, really do. >> reporter: yesterday, authorities had to stop the search because of heavy snow
and poor visibility in idaho. the single-engine beech bonanza with five family members on board was flying from oregon to montana. the pilot reported engine trouble and then lost contact with controllers. >> he flies frequently, so i'm surprised that he's gone down or missing or whatever's happened. you know, when he goes on these trips, he stays in touch with everybody and all the airports or wherever he's landing, so it's something to be worried about. >> reporter: idaho officials haven't confirmed that smith is the pilot or which family members are on that plane, but neighbors believe smith was flying for pleasure with at least two of his children. >> we hope they locate them. we hope they're fine. we will hold on to hope until we hear something. >> reporter: allen martin, kpix 5. >> smith has been flying for years. he got his pilot's license in 2005 and has a second class medical certification, which allows him to fly commercial aircraft. protestors continue to demonstrate outside a planned
parenthood in redwood city. the clinic is set to open in just under an hour. about 1600 neighbors have signed a petition demanding the property owner to evict the organization. >> planned parenthood is just an atrocious organization in taking care of women. they have had numerous lawsuits against them. they have had untimely deaths. >> only 3% of abortion services. and in fact, at this location, we are not going to provide surgical abortions, just medication abortions. >> planned parenthood will operate about 20 hours a week at first. they will be open longer after obtaining final state approvals. in other bay area news, investigators say they are closing in on a suspected cat killer in san francisco. police believe he tossed a woman's cats into the bay last week. surveillance video shows him leaving a hotel near the embarcadero. investigators say a witness identified him from the video. a rude awakening in cupertino this morning after a dump truck crashed into a house. it happened about 6:30 on foothill boulevard near stevens creek boulevard. no one was injured.
but the crash also knocked down some power lines. traffic was blocked on foothill boulevard while the damage was repaired. the cause of the crash is still under investigation. people shopped online in record numbers yesterday. for more on the cyber monday boom and what drove up sales, we turn to kcbs radio's financial reporter jason brooks. jason? >> reporter: michelle, we have to wonder how much work was actually accomplished yesterday. cyber monday monday sales were up 16% from a year ago to a record $2.3 billion. and if you take in the entire five-day thanksgiving weekend of holiday sales online, they are up 26% to $7.4 billion. also consumers getting a lot more comfortable using their smartphones and tablets to make purchases as adobe says those sales rose 80% making up 18% of all online sales. amazon and ebay two of the big winners out there. amazon's cyber monday sales up 44% from a year ago. ebay up 32%.
while we did see some sales over the weekend of black friday not quite matching expectations, overall sales looking pretty strong heading into the final weeks of the holiday season. stock market, though, today taking a pretty ugly turn. a lot of speculation about eventual bond tapering coming from the federal reserve as recent economic reports have appeared a bit stronger here in the u.s. and looking at triple- digit declines in the dow, lower by 121 points. nasdaq down by 14, s&p down by 9 points. worst three-day stretch for the stock market in about two months. back to you. >> not good. thank you, jason brooks from kcbs news. and president obama spoke a short time ago highlighting the improvements to the healthcare.gov website since its botched launch two months ago. the revamped website now has a queuing system which allows it to handle 50,000 users at a time. if the site is clogged, users can enter their emails and receive a message when the site is ready to process their application.
the administration calls this feature a significant improvement. >> the bottom line is, this law is working and will work into the future. people want the financial stability of health insurance and we're going to keep on working to fix whatever problems come up in any startup, any launch of a project this big that has an impact on one sixth of our economy, whatever comes up we're going to just fix it. >> the white house expects a big traffic surge to the website in a few weeks. and that's when consumers will probably rush to get insurance coverage by january 1st. we're seeing startling new images of a wrecked commuter train in new york city as the engineer reveals new details about the deadly crash. >> a warning for tourists on the island of maui. the troubling trend that has wildlife officials so concerned. ,,,,,,,,,,,,,,,,
boston that gutted a five s building overnight. within it took more than a dozen fire engines to battle a raging fire in boston that gutted a five-story building overnight. within minutes, flames were shooting out of control blowing out several windows. according to officials, janitors were inside when the fire started. they were able to evacuate safely through a back door. no one was injured. autopsies are scheduled today on actor paul walker and his business partner, who both died in a fiery crash. this is sped-up surveillance video here showing the crash and the explosion afterwards. police say walker and roger rodas crashed while driving a porsche carerra after a fundraiser in santa clarita on saturday. speed is believed to have been a factor. autopsy results are not expected to be released today because the coroner is still waiting for dental records to identify the bodies. today we are getting new images of that fatal train accident in new york city over
the weekend that killed four people. cbs reporter marlie hall explains why federal investigators believe the train was going too fast when it derailed. >> reporter: newly released video gives a close-up look at toppled train cars and the mangled tracks left behind in the wake of sunday's deadly derailment. investigators say the metro- north commuter train was traveling at nearly three times the speed limit when it came around a bend in the bronx, new york. >> the train was traveling at approximately 82 miles per hour as it went into a 30-mile-an- hour curve. >> we have five cars left the track. >> reporter: the seven-car train jumped the tracks, killing four passengers and injuring dozens of others. a law enforcement source says the train's engineer, william rockefeller, jr., told first responders he tried to hit the brakes before the train derailed but they weren't working. investigators say information from the train's data recorders reveals the brakes were fully applied five seconds before the
train came to a complete stop. the ntsb is trying to determine whether the wreck was the result of human error or mechanical failure. >> this train made nine stops prior to derailing. we need to understand how the brake system was working throughout that part of the trip. >> reporter: crews have removed the train and are working to rebuild 800 feet of damaged track. marlie hall for cbs news. >> the train's engineer is said to be cooperating fully with investigators. he was tested for drugs and alcohol and his cell phone is also being examined. sunday's derailment marks the first time in metro-north railroad's 31-year history that passengers were killed in an accident. a warning for beach-goers in maui. beware of sharks. a man was fishing in a kayak yesterday when he was attacked. the shark bit his foot that was dangling in the water. the victim later died at the hospital. the spot where it happened is just three miles from maui's most popular diving and snorkeling location.
this is the state's 13th shark attack this year. that's well over the average of four attacks per year over the past two decades. a japanese island formed by a volcanic activity continues to grow. on the left is what the land mass looked like less than two weeks ago. it's now about 2.5 times bigger. japan's coast guard says three craters are pushing out ash and lava helping to make that island grow. the eruption is the first in 40 years on an island chain about 620 miles south of tokyo. amazing. right? the. >> all part of the ring of fire, yeah. all around the pacific. >> two weeks' time. >> incredible. it is cold out there. >> get out all that wintry gear you've got, folks. we've got some very cold temperatures, the coldest outbreak of the season so far. these numbers really going to get chilly in spots. in fact, out the door we go right now. our hi-def doppler radar tracking the storm system moving on through. we had some scattered light showers early on, but you see just some left over into the central valley. snow in the higher elevations. but things beginning to dry out around here. now, this afternoon, we'll see
some slow clearing and some chilly temperatures for highs but tonight, the skies are going to clear out, the winds are going to subside and we are seeing some freezing temperatures tonight. some of the coldest numbers so far of the season and then even colder weather ahead if you can believe that. right now the door is open for all that cold arctic air to race into the bay area overnight tonight and tomorrow and the next few days. the cold air will stick around into next week. temperatures around the state 50s into the central valley today, couple of snow flurries over the higher elevations at 32 degrees at lake tahoe and much-needed snow up there. and then looks like into the monterey bay maybe a lingering shower not much though. and about 53 degrees. all right. here comes your cold front moving on through. behind that, we get into the evening hours, your skies clear out. and so your skies clear out, yeah, the temperatures going to drop in a hurry. in fact, you're going to see more of a northerly component to the wind and that is what's going to really cool off those temperatures in a hurry. numbers for highs today, let's plan on 50s in the south bay. maybe about 54 in san jose. 54 in san mateo. and 54 in hayward.
east bay temperatures up into the 50s. then it looks like inside the bay, moderating a little bit, about 58 degrees in oakland and 56 degrees in san francisco. these overnight low temperatures going to be very chilly. 26 degrees for an overnight low in napa. about 27 in santa rosa. 32 and freezing in san rafael. you get the idea, widespread frost probably even inside the bay tomorrow morning. that's the way it's going to be for the next couple nights. in fact, maybe even a colder start to the day on thursday morning. and those temperatures even for highs in the afternoon maybe only 40s in the interior valleys. by friday, some of that cold air may get trapped by an approaching storm system. so we may actually get some snowflakes down to about 2,000, maybe 3,000 feet here locally. then it looks like things becoming partly cloudy over the weekend. >> i like to see snow on those peaks. >> i would love to see it. it's that time offer. >> . but it's cold. get out of the blanket. >> thank you. a stolen camera provides an incredible view over a park in australia. the thief, a curious sea eagle. we'll show you more of his journey coming right up.
>> kpix 5 is looking for a veterinarian to appear on tv. to nominate a vet you know, just email email@example.com. we'll narrow down the top five and let you vote on our pet expert. ,,,,,,,,,,,,,,,,,,,,
like to get up close with t camera. this eagle took off with a camera set up to cap wildlife in australia. the flew some 68 m selfies aren't just for people these days. animals get up close with
cameras too. this eagle took off with the camera set up to capture wildlife in australia. the bird flew 68 miles before setting it down to pose. the theft happened back in may but park rangers recently found the camera, which recorded the entire incident. and there you go. not camera shy. stephanie tantillo is spicing things up. today we're shopping for jalapeno peppers. >> reporter: hey, everybody. today we're going to talk about jalapenos. i love spicy food and you probably love these just as much. selection and storage is always very important. when you see jalapenos in the store, make sure you have them nice and green all the way around and nice and firm. if you see stretch marks or brown lines, it's an indication of exceptional hotness which we want to avoid. so make sure to avoid those altogether. when you bring them home, store them in the refrigerator. for preparation, it's really easy to reduce the spiciness. just take the seeds out before you cook them and always remember to wash your hands right after handling these because those oils will stick to your fingers and they will
burn your eyes if you happen to touch them. i'm stephanie tantillo with your tip of the day. ,,,,,,,,,,,,,,,,,,
with smells... that story and more at five. who needs custom ring tones? we'll tell you about a new device that alerts with you smells. that story and more coming up at 5:00. well, it's not something you see at every hockey game. teddy bears flying through the air after a goal. [ applause and cheers ] >> there you go.
the annual teddy bear toss at the minor league hockey game in bakersfield on saturday. nearly 7500 teddy bears were collected and they are given to children in need. pretty cool, huh? >> they usually throw squid when they get a hat trick. >> i like teddy bears so much better. >> squid are a little harder to pick up. >> i would think so. [ laughter ] that's going to do it for kpix 5 news at noon. have a great afternoon, everyone. >> stay warm. going to be chilly out there. captions by: caption colorado firstname.lastname@example.org ,,
>> eric: well... hope, you promised a day we would never forget, and you delivered. >> hope: well, i can only take credit for the first half of the day, because rick and caroline getting married -- i didn't seee that coming. >> eric: [ chules ] >> wyatt: well, a lot to be said about that kind of spontaneity. >> liam: you know, hope and i actually experienced something like that once -- the, uh, beach in malibu. remember? >> wyatt: it doesn't count if it doesn't ta [ chuckles dryly ] >> donna: i remember the day when we were married in that room. >> eric: so do i. that was another glorious day. >> donna: yes. >> hope: and many more to come. >> eric: [ chuckles ] >> hope: you know, i'm -- i'm really proud of our family today. i mean, we have our issues, but i think this really proved that we can come together when it matters. >> eric: yeah. [ cellphone beeps ] oh.